Senator Danson Mungatana lost his Ksh 76 million fraud case after the court concluded that he never called any witness to back his testimony.
The trial Magistrate Benmark Ekhubi in his judgement where Abdoulaye Tamba Kauro is accused of conning the Tana River Senator, hon. Mungatana Ksh 76 million said that although the senator narrated his case emotionally, it was his word against the accused as he did not call any witness.
“In count three where the suspect is accused of fraudulently obtaining Ksh 76 million from Senator Danson Mungatana, I find that the prosecution did not prove their case. Although the senator narrated his case emotionally, I emphatically find that he did not call his bodyguard whom he claimed used to accompany him to the accused person’s apartment to testify in this court. It was therefore his case against the suspect. I therefore acquit the suspect on that count.” ruled the Magistrate.
During the hearing, Mungatana explained to the court that he lost his home to the suspect and that his late wife died not knowing the truth about their Karen home, which was part of his lost assets.
Mungatana said that he was introduced to the accused by Mohammed Amin.
Explaining the ordeal of how he was scammed, Mungatana testified that he first trusted the accused after he gave out his money and received double the amount.
He told the court that he first gave out Ksh.500,000 to Kouro and was given Ksh 1 million back. The second time, Mungatana said he gave out Ksh.5 million and was given Ksh.10 million.
“I was very happy when I was told there was another opportunity to invest. He asked me if I had money I told him nope, he asked me to look for money, he said the opportunity is for around Ksh.5 million,” said Mungatana.
“I looked for money from friends and relatives, he had said I will be paid double the amount, and after six months the accused person, true to his words he gave me back 10 million shillings. And all these transactions were in cash.”
The third time, however, he gave out his money and Kouro disappeared.
“I never suspected that it would go wrong because the accused inspires you with confidence when you go to his place you will see many vehicles his apartment is Richly serviced with men watching over him, he’s been treated like a king and will never think that anything would go wrong,” he said.
“I believed him, and I started looking for that money. I sold properties that were in my name, I sold shares that were in my name and my late wife’s name, we had cars that had log books we want to the banks and your honor we took short term loans, I had a home in Karen with seven rooms and at that time I was an MP it was the biggest investment I had made it was Ksh.70 million and I took a mortgage.,” he added.
“I lost everything. After borrowing all the wealth, I had accumulated and every time I’d sell, I’d convert into dollars and take the cash to that man. He made a mockery of my own savings.”